Unilateral Divorce in Vietnam When the Other Spouse Is Uncooperative or Missing
When a marriage falls apart but one spouse refuses to cooperate—avoiding communication, refusing to sign the divorce papers, or even going missing—you still have the right to file for a unilateral divorce in Vietnam, ensuring your rights and the legal process are respected.
1. Legal Basis and the Right to File for Unilateral Divorce
Article 51 of the 2014 Law on Marriage and Family affirms: "Divorce is an individual’s right." This means you have full authority to request a court to settle the divorce, even without the other spouse’s agreement.
According to Article 56, a unilateral divorce can be processed if the marriage cannot be prolonged and its purpose is no longer fulfilled. You do not need to prove specific misconduct (e.g., adultery or abuse), except in special cases—such as when the wife is pregnant or raising a child under 12 months old. In those cases, the husband may only initiate divorce with her consent.
Special case – Missing or prolonged absence:
If the other party is missing or officially declared missing by the court, the divorce process becomes more straightforward—no further evidence of misconduct is required.
2. Latest Procedure for Unilateral Divorce
Step 1: Prepare the documents
Petition for divorce using Form 23-DS (under Resolution 01/2017/NQ-HĐTP). If unavailable, a handwritten or typed application following the legal format is acceptable.
Required documents: marriage certificate, identification of both parties, supporting evidence (e.g., financial documents, proof of child custody, or evidence of absence if applicable).
Step 2: Submit documents to the competent court
If the spouse is still residing in Vietnam: submit to the District People's Court where the defendant lives or works.
If the case involves foreign elements (the spouse lives abroad or owns overseas property): submit to the Provincial People's Court.
Step 3: Pay the court fee in advance
Within 7 days of the court accepting your petition, you’ll receive a notice to pay a provisional fee (approximately VND 400,000).
Step 4: Mandatory mediation
The court will attempt mediation within 30–60 days. If you do not wish to participate, you can request to skip the external mediation phase for a faster court decision.
Step 5: Trial hearing
If the defendant is absent for both valid summonses, the court will proceed with the hearing in absentia.
Once all conditions are met, the court issues a divorce verdict. The entire process typically takes 4–6 months but may take longer in complex property or legal disputes.
3. How to Proceed When the Spouse Is Uncooperative or Missing
3.1 Uncooperative but not missing
You can still submit a unilateral divorce petition. The court will summon both parties for mediation. If the other party does not attend, the court will hold the hearing in absentia under Article 227 of the 2015 Civil Procedure Code.
3.2 Missing or prolonged absence
If the spouse is missing or declared legally missing, this becomes valid grounds for unilateral divorce without waiting. You may petition the court to declare them missing first, then proceed with the divorce.
4. Asset Division and Child Custody Without Cooperation
Marital assets: Divided per Article 59 of the 2014 Law on Marriage and Family, based on actual contributions and personal circumstances—even if the other party refuses to cooperate.
Child custody: Decided based on the “best interests of the child” principle, evaluating care conditions, the child’s wishes (if 9 years or older), and the capability of each parent.
5. Timeline, Costs & Important Notes
Estimated Timeline
Mediation: 30–60 days (can be waived for direct trial).
Trial: Additional 1–2 months.
Total: 4–6 months if uncomplicated; longer if property disputes or foreign elements are involved.
Basic Costs
Court fees: ~VND 400,000–500,000.
Notarization: ~VND 200,000–500,000.
Key Tips to Protect Your Rights
Gather evidence early: documentation on assets, misconduct, or disappearance.
Prepare proper legal references: cite Articles 51, 56, 59 of the Law on Marriage and Family, and Article 227 of the Civil Procedure Code.
Clarify key requests: child custody, alimony, asset division—to avoid future disputes.
6. Practical Experience & Friendly Guidance
Real-life example:
Our law firm supported Client A in filing for unilateral divorce after their spouse had been missing for two years. We began by gathering evidence such as the last known address and shared loan documents. After filing, the court summoned for mediation, but the spouse did not appear. The court proceeded with the hearing in absentia and granted the divorce. Client A secured sole custody and had marital assets clearly divided. Child support obligations were transparently addressed.
Expert Tips:
Submit a request to postpone mediation if you are concerned about confidentiality.
If the spouse shows signs of returning, keep records of all prior steps to maintain legal advantage.
For international cases or assets abroad, it is best to hire a legal expert to ensure full compliance and thorough documentation.
Contact DEDICA Law Firm for expert legal consultation!
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